“But whether the Constitution really be one thing, or another, this much is certain — that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist.”

~ Lysander Spooner

Today, 17 September 2009, is Constitution Day. There will be paeans, abundant commentary and church-like observances of the glories of this document in making us the most blessed nation on planet earth. This essay suggests a contrarian thesis.

The Constitution is an enabling document for big government. Much like the Wizard of Oz, the man behind the curtain is a fraud. In this case, for all the sanctimonious handwringing and the obsequious idolatry of the parchment, it sealed the fate of our liberties and freedoms and has operated for more than 200 years as a cover for massive expansion of the tools and infrastructure of statist expansion and oppression.

Among the many intellectual travels I have undertaken, this is one of the most heart-breaking I have ventured on. I want to acknowledge the compass-bearers who sent me on this journey: Kenneth W. Royce (aka Boston T. Party) and his seminal book, The Hologram of Liberty and Kevin Gutzman’s Politically Incorrect Guide to the Constitution. For most of the political spectrum in America, the document represents their interpretation of how to make this mortal coil paradise.

Even in libertarian circles, it is taken as an article of faith the Constitution is a brilliant mechanism to enlarge liberty and keep government at bay. That is a lie.

The document was drafted in the summer of 1787 behind closed doors in tremendous secrecy because if word leaked out of the actual contents and intent, the revolution that had just concluded would have been set ablaze again. They were in a race against time and did everything in their power to ensure that the adoption took place as quickly as possible to avoid reflection and contemplation in the public square that would kill the proposal once the consequences of its agenda became apparent. They were insisting that the states ratify first and then propose amendments later. It was a political coup d’état. It was nothing less than an oligarchical coup to ensure that the moneyed interests, banksters and aristocrats could cement their positions and mimic the United Kingdom from which they had been recently divorced.

The original charter of the drafters was to pen improvements to the existing Articles of Confederation. Instead, they chose to hijack the process and create a document which enslaved the nation. Federalist in the old parlance meant states rights and subsidiarity but the three authors of the fabled Federalist Papers supported everything but that. Their intent and commitment was to create a National government with the ability to make war on its constituent parts if these states failed to submit themselves to the central government.

As Austrian economists have discovered, bigger is not necessarily better. The brilliant and oft-dismissed Articles of Confederation (AoC) and Perpetual Union are a testament to voluntarism and cooperation through persuasion that the Constitution disposed of with its adoption. Penned in 1776 and ratified in 1781, the spirit and context of the Articles live on in the Swiss canton system and are everywhere evident in the marketplace where confederationist sentiments are practiced daily. The confederation’s design divines its mechanism from what an unfettered market does every day: voluntary cooperation, spontaneous information signals and the parts always being smarter than the sum A. confederation according to the Webster’s 1828 dictionary is:

The act of confederating; a league; a compact for mutual support; alliance; particularly of princes, nations or states.

I would advise the readership to use the 1828 Webster’s dictionary to accompany any primary source research you may undertake to understand American (& British) letters in the eighteenth century. It is the source for the contemporary lexicon. It is even available online now.

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